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EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Cabinet Office, Home Office and
Ministry of Justice, are published separately as Bill 99—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Mr Kenneth Clarke has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:

In my view the provisions of the Justice and Security Bill [HL] are compatible with
the Convention rights.

Contents

  1. Part 1

    Oversight of intelligence and security activities

    1. Oversight by the Intelligence and Security Committee

      1. 1. The Intelligence and Security Committee

      2. 2. Main functions of the ISC

      3. 3. Reports of the ISC

      4. 4. Sections 1 to 3: interpretation

    2. Oversight by the Intelligence Services Commissioner

      1. 5. Additional review functions of the Commissioner

  2. Part 2

    Disclosure of sensitive material

    1. Closed material procedure: general

      1. 6. Proceedings in which court permits closed material applications

      2. 7. Determination by court of applications in section 6 proceedings

      3. 8. Appointment of special advocate

      4. 9. Saving for normal disclosure rules

      5. 10. General provision about section 6 proceedings

      6. 11. Sections 6 to 10: interpretation

    2. Closed material procedure: immigration

      1. 12. Certain exclusion, naturalisation and citizenship decisions

    3. Closed material procedure: employment

      1. 13. Use of intercept evidence in employment cases involving national security

    4. “Norwich Pharmacal” and similar jurisdictions

      1. 14. Disclosure proceedings

      2. 15. Review of certification

  3. Part 3

    General

    1. 16. Consequential and transitional etc. provision

    2. 17. Commencement, extent and short title

    1. Schedule 1

      The Intelligence and Security Committee

    2. Schedule 2

      Consequential provision

      1. Part 1

        Oversight of intelligence and security activities

      2. Part 2

        Closed material procedure

    3. Schedule 3

      Transitional provision

      1. Part 1

        Oversight of intelligence and security activities

      2. Part 2

        Closed material procedure

      3. Part 3

        “Norwich Pharmacal” and similar jurisdictions

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